Author Topic: Advice Needed: Developer Rejected Professional Snagging List  (Read 684 times)

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DevRefusedSnagList

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Advice Needed: Developer Rejected Professional Snagging List
« on: March 19, 2018, 10:13:11 pm »
We bought a new build semi-detached house from a developer using LABC insurance and found a professional snagging company to compile a list of defects within 7 days of completion (all in accordance to the developer's tight deadlines). In the report, the professional snagging company found many pages of snags. The most notable are almost all the window panes are scratched badly.

The problem is that the professional snagging report has been submitted 2 weeks ago but the developer is being difficult and rejecting the defects report as a whole since they feel there are too many defects and basically asking us to reduce it. I've replied back that the defect list was done by a professional snagging company so I won't have the knowledge to amend it and that they should come to my property to verify those defects in person rather than just rejecting the snag list entirely.

But the developers are taking 2-3 working days to reply each time and still have not assessed any of the defects to date. As there are so many defects in the report, we are unable to move into the property as we feel the developer may use the excuses that the defects are caused by the homeowner.

Please does anyone have any advice on how to deal with a developer that is refusing to accept the defects list? We don't want to file LABC claim until its the last result as we are wondering if there are other options we can use to help developer to take us more seriously?

To clarify: The house has fully been paid. The developer would not allow professional snagging inspector to enter the property prior to legal completion, so we had the snagging inspectors compile the list of defects and returned it back to the developer 7 days after fully paying for the house.




New Home Expert

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Re: Advice Needed: Developer Rejected Professional Snagging List
« Reply #1 on: March 20, 2018, 06:06:41 am »
First of all you should name and shame the housebuilder!

Secondly, in all my years of advising new home buyers, I have NEVER heard of a housebuilder rejecting a buyer's professional snagging inspectors defect list in its entirety because it has too many defects and even request the buyer reduces it!

The housebuilder has breached the Consumer Code for Home Builders requirement 5.1.
Although in my opinion, the CCHB is about as much use as a chocolate teapot for new homebuyers!

And you have an LABC warranty, which has a £1,000 excess for any claim a new homebuyer makes.
In my opinion, LABC and Premier Guarantee warranty offer very little for homebuyers as you may soon find out.

So what to do?
Write to the housebuilder's Managing director at the head office. Tell them they have 7 days to reply and ten days to start remedial works.  Put signs/posters in your front windows warning others not to buy a house from the builder and why. Take a photo of it and send it with your letter!

Post defects on Twitter and Facebook.  Get the local press involved. Write to your MP.
And above all complete the Government Consultation before 16 April 2018 that could result in a New Homes Ombudsman being set up for exactly this situation you find yourself in.

New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.


DevRefusedSnagList

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Re: Advice Needed: Developer Rejected Professional Snagging List
« Reply #2 on: March 21, 2018, 10:34:52 am »
The developer has chosen to ignore my emails so I'll be escalating this to the full extent to get their attention. Thanks for your suggestions. They are still selling on site and have a sales office at the front of the development so I don't understand why they are risking negative press rather than just send someone to fix the issues that they created themselves.

I still have not receive any document from the purchase of the home and thus don't have any LABC Certificate number to file a claim to LABC claim? They said they've sent it to my independent solicitors but even getting any documents is taking so long. Perhaps they know I won't have the LABC Certificate number anyways for another few weeks so they know I can't file any claims and thus their lack of response to the matter?

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Re: Advice Needed: Developer Rejected Professional Snagging List
« Reply #3 on: March 22, 2018, 06:14:05 am »
You have still not named this dreadful housebuilder!
It looks like another CCHB breach.  Your solicitor should have had a copy of the warranty policy and completions CML certificate BEFORE you legally completed. You should not have been able to get a mortgage without this.

I know you said "independent solicitor" but if you used a solicitor recommended or suggested by the housebuilder this might explain it.

Either way I think you should report your solicitor to the Law Society and SRA if they are unable to give you the LABC warranty and completion certificate by e mail straight away, with a hard copy in the post. (Check the date it was issued)

I have come across new homebuyers that legally completed on a new house and then after moving in discovered that the warranty had not been issued due to outstanding issues with the new home. I suspect, given it is probably a small builder this may well be the case here!
This is why knowing who the housebuilder is helps with the advice given and more importantly, warns others to steer clear!
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.